my divorce by mutual consent came through in nov 2013..cos of lack of career and parental support and logistics constraints had to give the custody of my 6year old son to my x husband..wanted to know if i have the right to claim custody of my son after i have sorted things out and have made a career.and can also match upto the material comforts that my x husband can provide him now.and incase he gets remarried then is it that i get the custodial right of my son automatically!!??
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
Dear Querist
you can file a child custody case against him before district court where the child is residing under section 25 of GWA read with section 12 of GWA for interim relief for visitation right.
if he remarried then child custody can not came to you automatically.
feel free to call
You sure can file for child custody but ultimately it is the child in whose favour the court will decide. So if the child decides to stay with father, it will be in father's favour.
welfare of child is paramount consideration . you can file for child custody if you so desire . mere remarriage does not dis entitle father from retaining child custody of son . it cannot come to you automatically
what does your MOU in mutual divorce petition says about the custody of child.if it specifically says that the custody of the boy will be with father as you do not have any means to take care of child and now since you have the job and you feel that now you can provide better care to the boy then the father then you can file custody of child
You may file a case for child custody if regard being had to the financial position of you and your ex-husband, you are better placed, or there is a level of parity. His remarriage does not disqualify him to retain the custody already granted to him. There is no legal right which accrues "automatically'', it is required to be proved.
gratitude for all the answers sir(s)/ma'm(s)..well since my parents are not alive n lack of proper guidance n also a lot emotional trauma n lack of resources kind of compelled me to handover the custody to my ex husband!!one last query that i have is he has been telling me that if choose to remarry he will see to it that i lose my visiting rights as well!!just wanted a clarification whether is it really possible for him to do that..i am 31years n a lot of family pressure to remarry exists!!thanx in advance regards
welfare of child is the paramount consideration before the court,and if the court feels that you can be under better position ,custody of the child can be given to you
you will never loose your visitation rights for your child . no court in India will ever deny mother visitation rights . your ex husband is just misguiding you
What he has told you is untrue. Visiting rights can never be denied to a parent. Neither your nor his remarriage will disqualify either of you from claiming custody/visitation rights. You may remarry any moment without worrying about denial of visitation rights.
Agree with experts